Planning Commission Agenda & Minutes

910 South Mountain Road, Fruit Heights, Utah 84037 www.fruitheightscity.com (801)546-0861 Fax (801)546-0058 AGENDA PLANNING COMMISSION MEETING January 25, 2022 Regular Meeting: 7:00 pm - City Council Room 1. Welcome and Opening Ceremony 2. Roll Call: Brandon Green 3. Review and Approve Meeting Minutes for: 4. PUBLIC HEARING 5. SUBDIVISION REVIEW 1. Rezone 73,343 sq ft of property in Green Farms Estate Phase 3 from R-S-12 to R-1-10. (Brandon Green) 6. OTHER BUSINESS: Miscellaneous, Correspondence, etc. 1. Second Review of the Draft Accessory Dwelling Unit Ordinance (ADU) (Brandon Green) 7. CALENDAR: 1. Next Planning Commission Meeting is scheduled for February 22, 2022 8. ELECTRONIC MEETING: By motion of the Fruit Heights City Council, Elected Officials, Planning Commission, and City Staff can participate in regularly scheduled meetings via electronic media when approved by the Planning Commission Chairman. ZOOM Link Topic: January Planning Commission Meeting Time: Jan 25, 2022, 07:00 PM Mountain Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/86800145537?pwd=T0lkdllYcFhCWXU3SkV0dGNYeWU1Zz09 Meeting ID: 868 0014 5537 Passcode: 380172 Fruit Heights Planning Commission Diane Anderson: City Council Representative Chairman: Curtis Tanner Manager/Recorder: R. Brandon Green Sam BradyChris MartineauCarrie CarrollBrian Bare Planner: Jeff Oyler  9. ADJOURN: I HEREBY CERTIFY that a copy of this agenda was posted on the City’s Website on August 20, 2021, as well as posted on the State of Utah's Website. R. Brandon Green R. Brandon Green - Recorder In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should contact the City manager, Brandon Green at (801)546-0861, at least 24 hours prior to the meeting.  ” ” ” E NGI IN N T BA S EE R ING 2' ” 4.8 EA I GR NC 44 ” ” ” 9' E 5.9 7" 13 °18'0 6 S2 S 27°20'18" E 20.92' 1 ' E 7.3 " 43 40 '00 N 65° . 5 4' 1" E 9 4 11 °10' 6 3 N 9' E 97.583'18" 8° S1 1 "W 0"W '4 ' '0 1 0 3° 6.28 5 °20 6 6 S 13N 30°00'00" W S 59.87' C12 5746 South 1475 East Ogden, Utah 84403 Main (801)394-4515 S.L.C (801)521-0222 Fax (801)392-7544 W W W . G R E A T B A S I N E N G I N E E R I N G . C O M W:\13N757 - Green\DWG\13N757 3 Lot.dwg, 10/25/2021 9:23:18 AM, drew, 1:1  Fruit Heights City ADU Ordinance Amendments This supersedes and replaces the ADU ordinance Currently in 10-11-21 10-11-21. Accessory Dwelling Units (ADUs). (a) Purpose and Intent. The purposes of this Section are to assist in the creation of new housing units; to support a more efficient use of existing housing stock and infrastructure; to provide housing that responds to changing family needs, smaller households, and increasing housing costs; and to provide reasonable regulations for the construction and use of Accessory Dwelling Units within the City. The Planning Commission is vested with authority to review and evaluate applications under this Section and to approve, approve with conditions, or deny any such application. Conditions imposed for approval shall be designed to mitigate any adverse effects of an ADU. (b) Limitations on Accessory Dwelling Units (1) External Accessory Dwelling Units (“EADU”) are not allowed as a permitted or conditional use in any zone of the City. Mobile homes, recreational vehicles, travel/camp trailers and similar units are prohibited for use as an EADU or for any other dwelling purpose under this Title. (2) Internal Accessory Dwelling Units (IADUs) – Use and Location. Subject to the requirements of this Section, one IADU is allowed as a permitted use in a single-family dwelling in any zone that is primarily for single-family residential uses, e.g., the City’s R-S-12, R-1-12, R-1-10, and R-1-8. (A) The IADU shall be located within the footprint of the primary dwelling at the time the IADU is created. (B) The IADU shall be used exclusively for the purpose of offering a long-term rental of thirty (30) days or longer. (C) The IADU may house a maximum of four (4) unrelated tenants. (e) General Regulations. The following regulations shall apply to all IADUs in the City. (1) Parking. A primary dwelling with an IADU shall provide parking in a manner consistent with the City’s parking ordinances, rules and regulations. In addition to the parking standards of the City and in the applicable Zone, there shall be at least one (1) off-street parking stall for an IADU. If an IADU is created within a garage or carport, the parking spaces previously contained within the garage or carport shall be replaced with similar facilities. (2) The minimum size of the IADU shall be four hundred (400) square feet of living space within the primary dwelling. (3) The IADU shall comply with all applicable building, health and fire codes. (4) The IADU shall be designed in a manner that minimizes any changes in the appearance of the primary dwelling as a single-family dwelling. (5) An IADU is prohibited within any mobile home (as defined by U.C.A. §57-16-3). (6) If the primary dwelling is served by a septic tank, written approval shall be required from the Davis County Health Department. (7) The lot or parcel on which the primary dwelling is located shall be at least 6,000 square feet in size. (8) An IADU shall provide kitchen, sleeping, and sanitary facilities that are separate from those provided within the primary dwelling unit. (9) The IADU shall share all utility meters with the primary residence. (10) An IADU will not be given a separate address by the City. Residences with IADUs may refer mail to the IADU by the same street address as the residence and refer to the owner-occupant as located in unit "A" and the tenant(s) in the IADU as located unit in “B,” or by similar logical distinction. (11) An IADU shall not be used as a Short-term Rental, shall not be listed for rental on a short-term rental website or for rental in any other media or publication. (f) IADU Application and Permit: (1) Every owner of an IADU in the City shall obtain a permit before any portion of a single-family residence is used for that purpose. A permit issued under this Section does not run with the land and expires upon the residence failing to be owner-occupied or upon the sale of the residence. (2) An application for an IADU permit shall be filed with the Director and accompanied by the fee required by the Consolidated Fee Schedule.  (3) An applicant shall file a site plan and floor plan with the application. The site plan and floor plan shall demonstrate that all requirements of this section are met, including without limitation requirements related to: compliance with all health, building and fire codes; parking requirements; size of the IADU; utility services; and kitchen, sleeping and sanitary facilities. (4) The site plan and floor plan shall be drawn accurately to scale showing property lines and dimensions, the location of existing buildings or additions, distances from buildings or additions to property lines, the location of parking stalls, utility meters, entrances to the home, and areas within the single- family residence to be used as an IADU. (g) Noncompliance; Revocation or Withdrawal of Permit. A permit for an IADU may be revoked or withdrawn in the following circumstances: (1) The conditions upon which the permit has been issued no longer are maintained by the property owner; (2) The requirements of this Section or the permit have been violated; or (3) The property owner applies for a withdrawal by submitting a sworn declaration that the property owner or lawful tenant is not and will not allow any occupant to use the accessory dwelling unit in violation of this section. (h) Enforcement; Revocation of Permit. In the event of a violation of this Section, enforcement and revocation proceedings may be commenced as provided in this Chapter. 10-11-22. Short-term Rentals. (a) Purpose; Allowed Locations. The purpose of this Section is to establish the process for permitting of short-term rentals whether as a vacation rental or otherwise. The intent is to protect the integrity and characteristics of established land use districts by ensuring that short-term or vacation rentals are operated in a manner that minimizes negative impacts of those uses on neighbors, public services and the surrounding community. A Short-term rental use is allowed as a conditional use in any residential zone. (b) Planning Commission Review. The Planning Commission is vested with authority to review and evaluate applications under this Section and to approve, approve with conditions, or deny any such application. (c) Definitions:  (1) Responsible Party. The owner(s), agent(s) or management company responsible for the operation and maintenance of the Short-term Rental property and for its compliance with all laws, rules and regulations applicable to the same. (2) Occupant(s). The individual(s) renting or residing in a Short-term Rental dwelling unit. (3) Pets. Dogs, cats or other domesticated animals allowed under City ordinances that, with permission of the Responsible Party, accompany the occupants of the Short-term Rental. (d) Permit Required. A Conditional Use Permit and all licenses and permits required by the Davis County Health Department and the State shall be required for all properties used as Short-term Rentals. The fee required by the consolidated fee schedule shall accompany the conditional use application. (e) Application for Permit. The application for a Conditional Use Permit shall be made on forms provided by the City and shall include a phone contact number and email address for the owner and, as applicable the Responsible Party. The application shall be accompanied by a site plan and floor plan that demonstrate that all requirements of this section are met. The plans shall be drawn to scale showing the location of all buildings, property lines, distances from property lines to all buildings, the location of all parking stalls, utility meters, entrances, and such other information as may be required by the application. The drawings shall also demonstrate compliance with all applicable building, health and fire codes. If the application is made by any person other than the owner of the property, or if the property is not owner-occupied or owner- managed, the application shall be accompanied by a signed document demonstrating the owner’s permission to use the premises as a Short-term Rental, identifying the Responsible Party, and providing all details about the identity and business operations of the Responsible Party as may be required in the application. (f) Prior to operating a Short-term Rental, the owner or Responsible Party shall obtain conditional use approval, and shall meet all requirements of the Conditional Use Permit. At the time of, or prior to, receiving conditional use approval, the Responsible Party shall register the business with the State, and obtain a State Sales Tax ID number; proof of the same shall be filed with the City. (g) Review. The Planning Commission shall review complete applications for a Conditional Use Permit under this Section and shall approve, approve with conditions, or deny the application based on the criteria listed in this Section. In addition to the requirements of this Section, the Planning Commission may impose conditions that are necessary to mitigate the potential adverse effects of the Short-term Rental on neighbors and nearby uses.  (h) Reports and Taxes. The Responsible Party shall comply with all reporting requirements incident to the use as a Short-term Rental property, and shall collect and remit all sales, resort and transient room taxes to the State Tax Commission. (i) Noise, Nuisances and Adverse Effects of Use. The Responsible Party shall regulate the occupancy of the Short-term Rental and ensure that: (1) Occupants and their pets do not create noise or other conditions that by reason of time, nature, intensity or duration are out of character with noise and conditions customarily experienced in the surrounding neighborhood; (2) Occupants do not disturb the peace of surrounding residents by engaging in outside recreational activities or other activities that adversely affect nearby properties before 7:00 a.m. or after ten o’clock p.m.; (3) Occupants and their pets do not interfere with the privacy of nearby residents or trespass onto nearby properties; (4) Occupants do not engage in disorderly or illegal conduct, including illegal consumption of drugs or alcohol; and (5) The premises, responsible party and all occupants strictly comply with Utah Administrative Code Rule R392-502, Public Lodging Facility Sanitation. (j) Parking. On-street parking is prohibited. An off-street parking stall shall be provided for each vehicle, including trailers, an Occupant brings to the premises of the Short- term Rental. The number of Occupants’ vehicles shall not exceed the number of bedrooms available in the Short-term Rental. Vehicles parked at the Short-term Rental shall not impede clear sight distances, create a nuisance or hazard, violate any City laws or winter-restricted parking requirement, or infringe on the property rights of any adjacent or nearby property. Parking of vehicles shall be entirely within a garage or carport, or upon a driveway or other approved paved surface. Parking is prohibited within any landscape area. (k) Camping equipment, facilities and other temporary facilities. All Short-term Rentals shall be conducted entirely within an approved residential dwelling unit. Occupied camp trailers, travel trailers, recreational vehicles, tents, yurts, or any similar structures are prohibited. (l) Signage – Exterior and Interior. Exterior signage other than ordinary street address signage is prohibited. (m) The Responsible Party shall provide a prominent display within the dwelling unit that provides, at minimum, the following information:  (1) contact information for the Responsible Party at which it may be contacted at any time (24/7); (2) all local regulations addressing noise, parking, pets, trespassing, illegal activity, and conduct; and (3) any additional rules or regulations imposed by the Responsible Party. (n) Maintenance and Standards. Any property licensed as a Short-term Rental shall conform to the following standards: (1) Structures shall be properly maintained and all facilities such as plumbing, HVAC equipment, appliances, etc. kept in a condition that is fully operational and otherwise in good repair. (2) Grounds and landscaped areas shall be properly maintained to ensure that the use does not detract from the general appearance of the neighborhood or create any hazard or nuisance to the Occupants or to neighboring properties. (3) Each habitable space shall meet current federal, state and local building and health codes, and shall be equipped with fully functional smoke and carbon monoxide detectors located at places within the dwelling unit that comply with applicable building codes. (4) Garbage shall be placed in City-approved receptacles, shall not be allowed to accumulate on the property and shall be removed on regularly scheduled pick up days. (5) A fully functional fire extinguisher shall be located in an easily accessible location. (6) A fire exit route plan and statement of the maximum occupancy number for the premises shall be prominently posted. (7) The responsible party shall comply with all inspection requirements of the State, Davis County and the City. (o) Complaints. Complaints received by the City for any violation of this chapter will be handled as follows: (1) A first complaint will result in an investigation and, if warranted, the City will issue a written warning to the Responsible Party; said warning shall provide notice of the complaint, a description of any violation, and actions to be performed to correct a violation. Upon receipt of a second complaint, the City will conduct an investigation, and if warranted, will take one of the following courses of action: (A) issue another warning; (B) issue a citation for violation of City ordinances or rules; (C) initiate show cause proceedings to revoke the Conditional Use Permit and business license; or (D) initiate revocation proceedings as provided in this Section (2) In the event of an order to show cause proceeding, the Responsible Party shall appear before the Planning Commission to demonstrate, by clear and convincing evidence, why the Conditional Use Permit should not immediately be revoked. If the Responsible Party fails to appear, the facts alleged in the notice for the show cause proceeding shall be deemed to be true and the Planning Commission may take such action as it deems appropriate, including revocation of the Conditional Use Permit. Appeals of a decision of the Planning Commission shall be made under the requirements of Section ________. (3) Notwithstanding any other remedy in this section, violations of Federal, State or local laws may be prosecuted in any court or administrative tribunal having jurisdiction over the matter.